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(영문) 대법원 2017.12.05 2017도15109
공공단체등위탁선거에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the court below affirmed the judgment of the first instance court which acquitted Defendant A of violation of the Act on Entrusted Elections, including public organizations, etc., due to the violation of the Act on Entrusted Elections due to a door-to-door visit to V and AP and the violation of the method of distributing a name tag to AM among the facts charged in the instant case, on the ground that there is no evidence of crime, and affirmed the first instance judgment which acquitted Defendant of the violation of the Act on Entrusted Elections,

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.

2. Examining the reasoning of the judgment below as to Defendant A’s appeal in light of the evidence duly admitted by the court below, the court below is just in holding that the court below convicted Defendant A of all of the violation of the Act on Entrusted Election due to the violation of the Act on the Election of Public Organizations, etc., such as the provision of money to Defendant A, declaration of intent to offer money to R, door-to-door visit to AM and AE, door-to-door visit to AD and election campaign period, based on the reasons indicated in its reasoning. In so doing, the court below did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, by exceeding the bounds of free evaluation due to violation of logical and empirical rules, or by misapprehending the legal principles on

3. As to the grounds for appeal by Defendant E, the court of final appeal may investigate and determine only to the extent of filing an appeal based on the grounds for appeal, and the grounds for appeal shall clearly state the grounds for appeal in the judgment below’s specific grounds for violation of law.

Therefore, the reason for appeal is specific.

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